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PAS : KE ARAH PEMERINTAHAN ISLAM YANG ADIL
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Subject:
[beritamalaysia] International lawyers rap "interference" in
Malaysian
legal system
Date:
Fri, 7 Apr 2000 00:43:00 +0800
From:
"Y.W.Loke" <[EMAIL PROTECTED]>
Reply-To:
[EMAIL PROTECTED]
To:
"Berita Malaysia" <[EMAIL PROTECTED]>
CC:
"BMalaysia" <[EMAIL PROTECTED]>
http://www.lycos-asia.com/my/asia/malaysia/000406102809.llve06f5.html
International lawyers rap "interference" in Malaysian legal system
KUALA LUMPUR, April 6 (AFP) - 18:28 - Four international legal groups
have
strongly criticised what they call government interference in Malaysia's
legal system and expressed concern about the fairness of the trial of
ex-deputy premier Anwar Ibrahim.
In a report entitled "Justice in Jeopardy: Malaysia in 2000," they say
"the
extremely powerful executive in Malaysia has not acted with due regard
for
the essential elements of a free and democratic society based on the
rule
of law."
Lim Kit Siang, chairman of the opposition Democratic Action Party,
Thursday
described the report as a "terrible indictment."
In a statement he urged the country's human rights commission, whose
members were named this week, to "immediately address a grave human
rights
concern."
The report, released Wednesday in Geneva, Switzerland, is from the
International Bar Association, the Centre for the Independence of Judges
and Lawyers of the International Commission of Jurists, the Commonwealth
Lawyers' Association and the Union Internationale des Avocats.
It follows a visit to Malaysia by a fact-finding mission one year ago.
The report says that in cases "of political or economic importance to
the
executive, there are serious concerns that the judiciary is not
independent
and this perception is also held by members of the general public."
It expresses "serious concern" about the fairness of Anwar's trial. He
was
jailed for six years in April 1999 for abusing his official powers and
is
now on trial for sodomy.
The legal groups also highlight defamation proceedings against Param
Cumaraswamy, the United Nations' special rapporteur on the independence
of
judges and lawyers.
They urge the government and courts to heed the opinion of the
International Court of Justice by affirming his immunity from legal
action.
Cumaraswamy, a Malaysian, faces four libel suits totalling 426 million
ringgit (112 million dollars) filed by several companies over a 1995
article entitled "Malaysian Justice on Trial."
The report finds "that the awards of damages in defamation cases are of
such magnitude as to be a means of stifling free speech and expression."
It says the autonomy of lawyers is under increasing threat and urges the
government "to recognise the independent constitutional position of the
judiciary and not to interfere with this independence in any way."
The judiciary should act and be seen to act with complete independence
"and
should do all in its power to counter the harshness of repressive
legislation and overbearing actions of the government."
The report calls for the Internal Security Act and the Sedition Act to
be
repealed. Karpal Singh, one of Anwar's lawyers, has been charged with
sedition over his comments in court during the sodomy trial.
Lim Kit Siang's son Guan Eng was jailed for a year for sedition
following
comments questioning the judicial process.
His case, the report says, shows "that anyone who dares to criticise the
legal or judicial process may have to pay a very heavy price."
The report calls for an independent law commission to review legislation
and recommend amendments consistent with international human rights law.
Non-government organisations, it says, should be able to carry out
non-violent activities freely and exercise their right to freedom of
expression.
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